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2. all County zoning and subdivision regulations in effect at the time of the creation of the lot (July 8, 1985 for the subject property) apply; 3. the lot was part of an illegal subdivision, wherein three or more lots had been created from the "parent parcel" since the adoption of the new subdivision ordinance (Ord. 83-24) and thus constituted a portion of a subdivision; 4. the subdivision had been created without the necessary compliance with the subdivision and platting ordinance; 5. no building permit can be issued for development of a lot in an illegal subdivision; and 6. the requirements of Ordinance 83-24 apply. The First Baptist Church of Mt. Pleasant, through its agent Michael O'Haire, appealed staff's above described determinations to the Board of Adjustment. At its regular meeting of January 11, 1988, the Board of Adjustment voted 3 to 2 to uphold staff's determinations. Thus, the Board of Adjustment has determined that the provisions of Ordinance 83-24 (the County's current sub- division and platting ordinance) apply to the subject site. The Board's decision is final; the applicant never attempted to appeal the determination to the circuit court during the 30 day filing period allowed by ordinance. The applicant, through its agent Michael O'Haire, is now request- ing a waiver "from the requirements of -Section 6(a)(3) of Ord. 83-24 and any other requirements of the ordinance that would prohibit issuance of a building permit for a single-family resi- dence." ANALYSIS: The applicant is requesting a variance from the compliance and enforcement portions of Ordinance 83-24; specifically sections 6 (a) (1) , 6 (a) (3) , and 7(b). These sections state the following: 6 (a) (1) : that it is illegal to create a subdivision without first complying with the platting and subdivision require- ments of Ordinance 83-24; 6(a)(3): that it is illegal to create a parcel that does not have the minimum required frontage on a dedicated road right-of-way; and 7(b): that no building permit can be issued for construction on a parcel that is part of an illegal subdivision. In essence, by requesting a waiver from these sections, the applicant is requesting that the application of Ord. 83-24 re- quirements be rendered ineffective in regards to the subject property. Section 11(b) of the subdivision ordinance states that the Board shall not approve a waiver (variance) from the subdivision ordi- nance requirements unless it finds all four of the following: 1. "The particular physical conditions, shape, or topography of the specific property involved would cause an undue hardship to the applicant if the strict letter of the ordinance is carried out;" .2. "The granting of the waiver will not cause injury to adjacent property or any natural resource;" 3. "The conditions, upon which a request for waiver are based, are unique to the property for which the waiver is sought and •are not generally applicable to other property in the. 23 MAR 2 9 1988 BOOK 71 FAE 380